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  #1  
Old 18.04.2011, 18:57
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Unfair employer

Maybe anyone has suggestions about this situation? - a person works for almost two months without salary and job contract. Boss just keeps and keeps on promising about the payment and contract. What rights does this person have?
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Old 18.04.2011, 19:41
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Re: Unfair employer

Although you don't tell us what kind of work you are doing, I'd say he's taking full advantage of you. Take a stand, demand payment and a contract before it bites you in the arse.
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Old 18.04.2011, 19:48
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Re: Unfair employer

I don't understand why anyone would work for such a long time without any payment, deposit or contract. It makes absolutely no sense to me. If you have control of the project, like a website, turn it off until the person pays!
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Old 18.04.2011, 19:51
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Re: Unfair employer

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I don't understand why anyone would work for such a long time without any payment, deposit or contract. It makes absolutely no sense to me. If you have control of the project, like a website, turn it off until the person pays!
If you're alone in a foreign country, it's easy to be taken in by someone's promises in the hope that next week it'll all be alright.
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Old 18.04.2011, 20:43
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Re: Unfair employer

It has happened to me here in the US. I don't know why I would allow it to happen but I have. Now I have a policy, no deposit, no work!
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Old 18.04.2011, 20:46
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Re: Unfair employer

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It has happened to me here in the US. I don't know why I would allow it to happen but I have. Now I have a policy, no deposit, no work!
I don't know of any employers in Switzerland who would pay their staff a 'deposit'. Generally one is expected to do one's work first, and then get paid.
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Old 18.04.2011, 20:55
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Re: Unfair employer

First of all,do you have a valid permit? If yes, then under OR (Obligationenrecht) an oral contract is also legally binding. Next step should be to write a registered letter outlining as of when you worked there and the salary you had negotiated and that you are expecting payment. Also mention that you have yet to receive details of the pension fund etc. and that you would like this within the next 10 days. If he does not react at all, you should be able to go to your community to get advice on how to manage a "Betreibung" to encourage him pay what is due to you.

If you do not have permit, well, you have been breaking the law by working in which case you do not have a "leg to stand on", I am afraid and I would advise to to leave this job right away.
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Old 18.04.2011, 21:23
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Re: Unfair employer

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I don't know of any employers in Switzerland who would pay their staff a 'deposit'. Generally one is expected to do one's work first, and then get paid.
haha, that's crazy. Here, it is considered stupid to work without a deposit, unless you have a signed contract of course.
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Old 18.04.2011, 21:30
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Re: Unfair employer

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haha, that's crazy. Here, it is considered stupid to work without a deposit, unless you have a signed contract of course.
I don't know anywhere in the world you get paid in advance unless
you are a top celebrity.
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Old 18.04.2011, 21:32
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Re: Unfair employer

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haha, that's crazy. Here, it is considered stupid to work without a deposit, unless you have a signed contract of course.
Never heard of this. From Vermont. Worked in Washington, New York and Maine.
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Old 18.04.2011, 21:54
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Re: Unfair employer

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Most sex workers like something up front, before they start.
All the ones I've heard about like something up back too.
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Old 18.04.2011, 22:00
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Re: Unfair employer

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Maybe anyone has suggestions about this situation? - a person works for almost two months without salary and job contract. Boss just keeps and keeps on promising about the payment and contract. What rights does this person have?
Under Swiss law you do have a contract and as there is no written agreement the general laws according to the Swiss Code of Obligations apply. You certainly have the right to be paid. I suggest that you go to one of the legal advice centers for employment law listed here: http://www.awa.bs.ch/rechtsberatungen-kantone.pdf.
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Old 18.04.2011, 22:36
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I don't know anywhere in the world you get paid in advance unless
you are a top celebrity.
I've never managed to hire a builder/decorator/contractor etc who didn't demand a deposit up front...
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Old 18.04.2011, 22:49
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Re: Unfair employer

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Most sex workers like something up front, before they start.
I am not a sex worker you sicko. I am a designer and I also get 1/3 to 1/2 up front. Why should I trust someone to pay? What if they take off and I never heard from them again and I already put in 30 hours of work?
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Old 19.04.2011, 06:42
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Re: Unfair employer

Are we talking at cross purposes? Sure, contractors (builders, freelance graphic designers) may demand and get a deposit up front. Employees don't. They sign a contract setting out the terms of employment (as Ziger says, Swiss law allows for a verbal contract which is then considered subject to certain default terms) but they contract for a fixed salary or hourly wage, not a fixed total, so getting "1/3 to 1/2 in advance" doesn't even make sense in this context.
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Old 19.04.2011, 07:35
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Re: Unfair employer

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I am not a sex worker you sicko. I am a designer and I also get 1/3 to 1/2 up front. Why should I trust someone to pay? What if they take off and I never heard from them again and I already put in 30 hours of work?

I don't think he was referring to you Cali. I think it was Ittigen's poor attempt at humour
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Old 19.04.2011, 12:10
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Re: Unfair employer

Thanks for my first groan ever, Cali

RIGHT BACK AT YA!
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Old 19.04.2011, 12:14
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Re: Unfair employer

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RIGHT BACK AT YA!
I wouldn't recommend that.
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Old 19.04.2011, 12:16
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Re: Unfair employer

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I wouldn't recommend that.
Well, to be fair, his unmerited groaning merits a groan.
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Old 19.04.2011, 17:44
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Re: Unfair employer

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Thanks for my first groan ever, Cali

RIGHT BACK AT YA!
thanks. I am a she btw.
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